Disputing a Will

Concerns regarding a person’s capacity, fraud, undue influence or lack of knowledge or approval

You can apply to the Court to contest or dispute a Will being granted for probate where you have serious and genuine concerns that a person did not have testamentary capacity to make a Will, was pressured or persuaded to make a Will that did not align with their wishes or did not have knowledge nor approve of the contents of the Will when executing.

These applications can invalidate small parts of a Will or an entire Will depending on the circumstances.

If you have concerns about the validity of a Will, contact our office to make an appointment to discuss your options.

Family Provision

A certain class of persons have a statutory right to apply to Court for further and better provision from the estate of a Testator despite what the Testator’s intentions may have been at the time of making the Will.  This class of persons include Spouses and children of the Testator.

A Family Provision application must be made within a strict time frame of the Testator’s date of death.  Legal advice about bringing a Family Provision application should be obtained shortly after the Testator’s death.

Make an appointment today to come to our Townsville, Cairns or Ingham office to discuss disputing a Will.